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- Title
Assessing the Health Care Decision.
- Authors
Somin, Ilya
- Abstract
NFIB v. Sebelius was one of the most important federalism rulings in modern history. The Supreme Court upheld the Affordable Care Act's individual health insurance mandate, but invalidated that law's provision forcing states to greatly expand their Medicaid programs or lose all federal Medicaid funds. Five l justices rightly rejected the federal government's arguments that the mandate was authorized by the Commerce and Necessary and Proper Clauses of the Constitution. But Chief Justice Roberts erred in upholding the mandate as a tax authorized by the Tax Clause. The Court's decision has several important implications for the future.
- Subjects
UNITED States; NATIONAL Federation of Independent Business; HEALTH insurance; PATIENT Protection &; Affordable Care Act; MEDICAID law; UNITED States. Supreme Court
- Publication
Harvard Health Policy Review, 2012, Vol 13, Issue 2, p13
- ISSN
1533-774X
- Publication type
Article